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   Federal Courts - 11th Circuit Court of Appeals - January 10, 2006

  
Clanton v. Inter.net Global, LLC, No. 04-14120, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: Judgment for sellers in suit against a buyer's subsidiaries to recover "holdback" payment that buyer agreed to pay when purchasing sellers' business, was vacated; contract stated that subsidiaries assumed only those obligations directly related to assets that buyer transferred to them, and the "holdback" payment did not relate to those assets.

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NLRB v. Chugach Mgmt. Servs., No. 04-16451, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: NLRB's application for enforcement of order (requiring employer to fully instate individual and pay him damages), 29 U.S.C.S. § 158(a)(1), was denied. Individual, alone, out of all applicants, did not commit without qualification to job requirements including working overtime; willingness to work overtime was one of five essential job requirements.

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United States v. Clark, No. 05-10430 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: Defendant's sentence was reasonable because it was within the guidelines range and the district court considered his age and mental condition but determined that the sentence was appropriate based on his atrocious criminal history of armed bank robberies, including the fact that the present offense involved brandishing a loaded gun and fake bomb.

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United States v. Greer, No. 05-11295 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2006, Decided , January 10, 2006, Filed
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Overview: Where defendant's three prior convictions listed in the indictment were for making terroristic threats under O.C.G.A. § 16-11-37, and the prior indictments showed each was for threatening to commit a violent crime, they were "violent felonies" requiring a sentence enhancement under the Armed Career Criminal Act, 18 U.S.C.S. § 924(e).

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